93 Decision Citation: BVA 93-09576
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-22 672 ) DATE
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THE ISSUE
Entitlement to service connection for an acquired
psychiatric disorder to include schizophrenia.
ATTORNEY FOR THE BOARD
J. Connolly, Associate Counsel
INTRODUCTION
This case came before the Board of Veterans' Appeals (Board)
from a September 1992 rating decision of the St. Petersburg,
Florida, Regional Office (RO) of the Department of Veterans
Affairs (VA). The veteran had active service from October
1975 to September 1977. The notice of disagreement was
received on October 5, 1992. The statement of the case was
sent to the veteran on October 27, 1992. The substantive
appeal was received on November 13, 1992. The appeal was
received at the Board on November 30, 1992, and was docketed
on December 8, 1992. The veteran is unrepresented in his
appeal.
REMAND
The veteran contends that although he had a psychiatric
disorder prior to service, it was triggered during service
and increased in severity at that time. The Board notes
that during service the veteran was diagnosed with chronic
schizoid (borderline) personality. Additionally, the Board
notes that the veteran during service referred to treatment
he received prior to service at the Central Islip State
Hospital. These records have not been presented or secured.
His initial application for compensation benefits for a
psychiatric disorder was filed in August 1978. This was
within one year of his discharge from military service. The
record reflects that he was later afforded a VA psychiatric
examination in December 1978, approximately one year and
three months following service. During this examination,
the examiner noted that "symptomatology in service was of a
psychosis, and not a pre-existent personality disorder."
Diagnosis was schizophrenia, schizoaffective type.
In the veteran's application for compensation received on
May 27, 1992, the veteran related that he had sought
treatment at the Peace River Center for Personal Development
since April 1992 and had seen a vocational rehabilitation
counselor in May 1992. These records have not been
presented or secured. In a letter accompanying that
application, the veteran related that he first sought
treatment following service in March 1978 from the VA
hospital in New York, New York, but was not afforded any
treatment at that time.
The record contains a letter from Operation PAR, Inc.,
Detoxification Center which states that the veteran has
received treatment from that facility. However, the
corresponding clinical documentation has not been
submitted.
The VA has a duty to assist in the development of the
claim. 38 U.S.C.A. § 5107 (West 1991). The duty to assist
includes obtaining copies of medical records referred to by
the veteran in documentation of record. Littke v.
Derwinski, 1 Vet.App. 90 (1991). This duty includes
obtaining a VA examination. Hyder v. Derwinski, 1 Vet.App.
221 (1991).
Under the circumstances of this case, the Board is of the
opinion that additional assistance is necessary in order to
fulfill the VA's duty to assist. Accordingly, this matter
is REMANDED for the following action:
1. After obtaining the appropriate
authorization, the RO should contact
and request copies of any clinical
records which are not already in the
claims file of the veteran from the VA
hospital in New York at 1st Avenue and
24th Street, New York, New York, from
approximately March 1978 to the present
time. These records should be
associated with the claims file.
2. The RO should contact the veteran
and his
representative to
determine if there
are any other
treatment records in
addition to those
already in the
claims file or
referred to therein
for an acquired
psychiatric disorder
to include
schizophrenia
following service
until the present
time. If other
treatment records
are available, the
RO should obtain all
copies and associate
them with the claims
file.
3. After receiving the proper
authorization, the RO should contact
and request copies of the complete
clinical records of the veteran from
Central Islip State Hospital, New York
from the date of his initial treatment
to October 7, 1975. These records
should be associated with the claims
file.
4. After receiving the proper
authorization, the RO should contact
and request copies of the complete
clinical records of the veteran from
the date of his initial treatment to
the present at the Peace River Center
for Personal Development, 1835 N.
Gilmore Avenue, Lakeland, Florida
33805. These records should be
associated with the claims file.
5. After receiving the proper
authorization, the RO should contact
and request copies of the complete
clinical records of the veteran from
Enio Pizzaro, Vocational Rehabilitation
Counselor at 200 N. Kentucky Avenue,
Suite 310, Lakeland, Florida. These
records should be associated with the
claims file.
6. The RO should obtain all copies,
not just a summary, of the veteran's
treatment records at Operation PAR,
Inc., Detoxification Center at 13800
66th Street North, Largo, Florida 34641.
7. The veteran should be afforded a
special VA examination by a board of
two psychiatrists to determine if the
veteran has an acquired psychiatric
disorder including, but not limited to
schizophrenia. The claims file,
including evidence secured pursuant to
this remand, must be made available to
the examiners prior to the
examination. The examiners should also
opine as to what psychiatric
disorder(s) the veteran had in service
and on VA examination in December 1978.
Following evaluation of the requested action, the RO should
review the veteran's claim for service connection for an
acquired psychiatric disorder to include schizophrenia. If
those claims are not resolved to his satisfaction, he and
his representative should be provided a supplemental
statement of the case that contains a summary of the
relevant evidence and a citation and discussion of the
applicable laws and regulations. They should also be
afforded the opportunity to respond to that supplemental
statement of the case before the claim is returned to the
Board, if appropriate. No action is required of the veteran
until further notice. The Board expresses no opinion,
either factual or legal, as to the ultimate determination
warranted in this case pending completion of the requested
development.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
G. H. SHUFELT
C. D. ROMO
(CONTINUED ON NEXT PAGE)
38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 57 Fed.
Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).